CRIMES ACT 1914 SECT 85ZKA

(1)

A person shall not:

(a)

manufacture;

(b)

advertise, display or offer for sale;

(c)

sell; or

(d)

use, operate or possess;

equipment that the person knows is equipment of a kind that, when connected to a telecommunications network operated by a carrier, enables 2 persons each of whom, by means of different carriage services each of which is supplied by a carrier, calls that equipment (whether or not either of the persons is aware that the call the person is making is a call to such equipment), to send communications to, and receive communications from, each other, over that network during those calls.

Penalty: Imprisonment for 5 years.

(2)

Subsection (1) does not apply to equipment:

(a)

if the connection of the equipment to a telecommunications network by a person would not be in contravention of section 411 of the Telecommunications Act 1997 ; or

(b)

if the equipment is used, or intended for use, by a carrier in connection with a carriage service or the operation or maintenance of a telecommunications network.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

(3)

For the purposes of establishing a contravention of subsection (1), if, having regard to:

(a)

a person's abilities, experience, qualifications and other attributes; and

(b)

all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that equipment is equipment of the kind referred to in that subsection, the person shall be taken to have known that the equipment is equipment of that kind.